HIPPA Regulations and Doctor's Excuses
While numerous ethical and moral issues abound regarding novelty doctor's excuses, this particular discussion is regarding legal issues
surrounding novel and actual doctor's excuses.
One such concern is frequently raised about doctor's excuses in general are whether they violate HIPPA regulations. Doctor's excuses that say "John Doe was under my care between x and y, and will be allowed to return to work on z" are not violating any medically relevant information, and therefore do not violate HIPPA regulations.
For any doctor's excuse to violate HIPPA regulations, it would have to read: "John Doe was under my care for xyz condition."
or reveal some other medically sensitive information.
Doctor's excuses usually do not contain references to specific medical
conditions, but they may reference limitations as long as they do not specify
why the limitation exists. for instance the doctor's excuse could say
"John Doe may return to work on x day and may not lift more than 10 lbs." but
the doctor's excuse couldn't say "John Doe may return to work on x day, and may
not lift more than 10 lbs. due to his herniated disc."
The employer may also call the doctor to ask if the information on a doctor's
excuse is valid information, but the employer may not ask specific information
about the treatment of the employee, regardless if the employee has a doctor's
excuse or not.
Employees should still be cautious about using novelty doctor's excuses as some
states have moved to outlaw them, much like using "novelty" prescription pads is
a felony. Jerry Phillips, a Toledo attorney, says the practice is a fifth
degree felony in OH, and carries a penalty of 6 to 12 months in prison and a
$2,500 fine.
Food for thought, anyway.
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